Valid From: 20 November 2022Data Protection and Privacy Statement for NUBRAINS LTD1. Who are we?
NUBRAINS LTD (Nubrains Online Academy) is a global online educational company.
We at NUBRAINS LTD take your personal data seriously. This Policy:
• sets out the types of personal data that we collect about you;
• explains how and why we collect and use your personal data;
• explains how long we keep your personal data for;
• explains when, why and with who we will share your personal data;
• sets out the legal basis we have for using your personal data;
• explains the effect of refusing to provide the personal data requested;
• explains the different rights and choices you have when it comes to your personal data; and
• explains how we may contact you and how you can contact us.3. What personal data do we collect about you?
This information includes your name private and corporate email address, postal address and telephone number; financial information; curriculum vitae; work history; your educational records and training, work performance and right to work; compliance and identity documentation; references and links to your professional profiles available in the public domain e.g. LinkedIn, business Facebook or corporate website.
Depending on the applicable jurisdiction, in any case only with your consent, your image and/or voice may be recorded where you are presenting or part of a panel discussion on, for example, a webinar or at an event or where you are part of a video interview. Depending on the laws and regulations in the relevant jurisdiction, in any case only with your consent, we may also record your voice on telephone calls that you have with our consultants for training purposes. In addition, as part of our commitment to equality of opportunity and to monitor compliance with our equal opportunity policy, we may ask you to complete an equality monitoring form. Where you are asked to complete an equality monitoring form, information is provided voluntarily and on an anonymous basis for statistical analysis. It is not stored with your other personal records.
We may also collect information such as your name, email address and telephone number if:
- you are a business contact such as an employee of one of our client’s or suppliers; or
- one of our employees or prospective employees gives us your contact details as an emergency contact or a referee.
The following are the different sources we may collect personal data about you from:
· Directly from you. This is information you provide while searching for a new opportunity and/or during the different recruitment stages. For example, by filling in candidate registration forms in person or on our websites (which include nubrains.academy
or by corresponding with us in person, by phone, e-mail or otherwise. It includes information you provide when you attend our events, participate in discussion boards or other social media functions on our site, enter a competition, promotion or survey, contribute to a market or insights report, or interact with us at a conference, and when you report a problem with our site.
· From an agent/third party acting on your behalf. For example, this may be your own limited company or from another recruitment business or agency where you are applying to work for NUBRAINS LTD.
· From suppliers or clients. For example, we may collect your name and contact details as a business contact for your organization.
· From our website or apps. We may collect your IP address and other data about your engagement with our website or apps, for example, the pages you view. Our Cookies Policy will tell you more about this.
· Through publicly available sources with professional relevance. We use the following public sources:
· Professional social media and networking sites (including LinkedIn)
· Job Boards that you have registered your details on
· Online curriculum vitae libraries
· Corporate websites
· By Reference or word of mouth. For example, you may be recommended by a friend, a former employer, a former colleague or even a present employer or we may get a reference from your previous employer or a named referee included on your application form or curriculum vitae.
· Where we collect your information through publicly available sources as set out above, we may do this with the aid of software programmes. These programmes are given parameters on the requirements of a role and search through publicly available sources, where there is a reasonable expectation that such information may be collected and processed by recruiters, to find candidates for particular job roles.
· The legal bases for processing is set out at Section 8.5. How and why do we use your personal data?
We use your personal data so that we can provide our services to you, including to:
· carry out our obligations arising from any contracts we intend to enter into or have entered into between you and us;
· provide you with information about job vacancies and to assist you in finding a suitable position (either temporary or permanent) by matching your skills, experience and education with a potential employer. We will initially collect basic information on you such as contact details, job role and experience and then pass this on to the client in search of talent. If you are chosen by the client and go through to the next stage we will then be collecting more information from you at the interview (or equivalent) stage and onwards in that manner;
· if you work for a client or a potential client looking to fill roles, to contact you about candidates and to share your contact details with a candidate, at interview stage and beyond;
· maintain our business relationship, where you are a user of our website, a client or candidate;
· provide you with recruitment services – which may include career guidance and management and to supporting businesses’ resourcing needs and strategies;
· manage a temporary or contract assignment – if you are engaged by NUBRAINS LTD as a temporary worker;
· assist in managing our relationship with you and our clients and perform administration or operational functions;
· to third parties (see section 7 below);
· analyse visitor trends and traffic on our websites – this information does not identify you individually – and ensure that content from our site is presented in the most effective manner for you and for your device;
· as part of our efforts to keep our site safe and secure;
· carry out market research, marketing analysis and satisfaction surveys;
· where you have provided your contact information with the possible use of our services, advise you of news and industry updates, events, services, promotions and competitions reports and other information that we feel may be of interest to you because it is relevant to your career or to your organisation. Where we do this you will be able to unsubscribe from such communications using the unsubscribe link or by contacting us at firstname.lastname@example.org
· with your expressconsent and subject to the relevant laws and regulations in your jurisdiction we may record any telephone calls that you may have with our recruitment consultants for training purposes.
· with your express consent we may use videos or audio recordings which include your image and/ or voice where you are presenting or part of a panel discussion or where you are part of a video interview for marketing or other business purposes; and
· to comply with our legal obligations and rights, under contracts and at law, and to cooperate with authorities and investigations. 6. How long do we keep your personal data for?
We only retain your information for as long as is necessary for us to use your information as described above or to comply with our legal obligations. However, please be advised that we may retain some of your information after you cease to use our services, for instance if this is necessary to meet our legal obligations, such as retaining the information for tax and accounting purposes.
When determining the relevant retention periods, we will take into account factors including:
a. our contractual obligations and rights in relation to the information involved;
b. legal obligation(s) under applicable law to retain data for a certain period of time;
c. our legitimate interest where we have carried out a balancing test (see section 8 below);
d. statute of limitations under applicable law(s);
e. (potential) disputes;
f. if you have made a request to have your information deleted; and
g. guidelines issued by relevant data protection authorities.
Otherwise, we securely erase your information once this is no longer needed.7. Who do we share your personal data with?
Your personal data may be shared with certain third parties who will be subject to contractual obligations of confidentiality and compliance with relevant laws, including:
· our clients who have a position to fill, in order to determine with the client whether you are a good fit for the available position. Our clients are global and cover various sectors including Legal, Compliance, HR, Tax, Treasury, Marketing, Executive Search and other markets.
· the end client who you may be placed with through an intermediary such as an RPO.
· our employees or other parts of our company globally (including our subsidiaries and our ultimate holding company);
· suppliers, contractors and agents who may perform services for us, such as: professional advisors (for example, accountants or lawyers); IT software and service companies; research and mailing houses; event organisers and function co-ordinators; payroll and other financial service providers; analytics and search engine providers that assist us in the improvement and optimisation of our site; credit reference agencies; insurance brokers; compliance partners and other sub-contractors for the purpose of assessing your suitability for a role (such as psychometric testing and reference/qualification checking);
· third parties relating to any business sale, merger, liquidation, receivership or transfer of assets provided that they agree only to use your personal data for the purposes that you have provided it to us;
· prospective partners, clients and other reputable third parties to disclose aggregate statistics about our site visitors and candidates in order to describe our services and for other lawful purposes – in such cases these statistics will include no personal identifying information; and
· if required to do so by law, a court order or by a regulatory authority of competent jurisdiction or if we believe that such action is necessary to protect, defend or enforce the rights of NUBRAINS LTD. 8. What legal basis do we have for using your information?
For candidates, contractors, referees and clients as well as applicants to work for NUBRAINS LTD, our processing is necessary for our legitimate interests. As a recruitment business and recruitment agency we introduce candidates to clients for permanent employment, temporary worker placements or independent professional contracts. The exchange of personal data of our candidates and our client contacts is a fundamental, essential part of this process in that we need the information in order to be able to assess suitability for potential roles, to find potential candidates and to contact clients and referees. In order to support our candidates’ career aspirations and our clients’ resourcing needs we require a database of candidate and client personal data containing historical information as well as current resourcing requirements. To maintain, expand and develop our business we need to record the personal data of prospective candidates and client contacts.
We carry out a ‘balancing test’ to ensure that our processing is necessary and that your fundamental rights of privacy are not outweighed by our legitimate interests, before we go ahead with such processing. We keep a record of these balancing tests. You have a right to and can find out more about the information in these balancing tests by contacting us using the details below.
We will rely on contract if we are negotiating or have entered into a placement agreement with you or your organisation or any other contract to provide services to you or receive services from you or your organisation.
We will rely on legal obligation if we are legally required to hold information on you to fulfil our legal and regulatory obligations, such as disclosure to public authorities, regulators and investigations.
If you are interviewed and submitted as a candidate, then this may involve the processing of more detailed personal data including sensitive data such as health information that you or others provide about you. Such information may be required to perform/qualify for a certain function for which you want to apply based on national laws, which may provide the legal basis to process these data. In cases where there is no legal basis, we will ask for your express consent orally, by email or by an online process for the specific activity we require consent for and record your response. Where consent is the lawful basis for our processing you have the right to withdraw your consent to this particular processing at any time (as set out in section 16 below).9. What happens if you do not provide us with the information we request or ask that we stop processing your information?
If you do not provide the personal data necessary, object to or withdraw your consent (where applicable) for the processing of your personal data, we may in individual cases not be able to match you with available job opportunities.10. Do we make automated decisions concerning you?
No, we do not carry out automated profiling as there is human intervention in all our processing of personal data.11. Do we transfer your data across international borders?
For the purposes of business development, systems development and testing, where required in order for our suppliers to provide a service to us or as necessary in order to perform our contract with you, your personal data may be transferred to clients and partners in countries across international borders as well as our global offices listed at the end of this Policy.
These countries’ privacy laws may be different from those in your home country. Where we transfer data to a country which has not been deemed to provide adequate data protection standards we have security measures and approved contracts in place to protect your personal data. For example, if the transfer is from the European Economic Area (EEA) to a country outside the EEA which has not been deemed to provide adequate data protection standards by the European Commission, we will use specific contracts approved by the European Commission which give personal data the same protection it has in Europe and where data is transferred from other jurisdictions, if appropriate, we may use local approved equivalents.
To find out more about how we safeguard your information as related to transfers please contact us on email@example.com
or using the details below.12. Security and storage of your data
Safeguarding personal data and respecting the confidentiality of your information are important to NUBRAINS LTD.
All information you provide to us is stored securely and we take necessary steps, including putting in place appropriate technical and organisational measures, to protect your personal data. While we have security measures in place to protect against the loss, misuse and alteration of personal data under our control we cannot guarantee that loss, misuse or alteration of personal data will not occur.13. Using our websites – internet-based transfers
Unfortunately, the transmission of information via the internet is not completely secure. Although we will do our best to protect your personal data, we cannot guarantee the security of your data transmitted to our site; any transmission is at your own risk. Once we have received your information, we will use strict procedures and security features to try to prevent unauthorised access.
for more details.15. IP addresses
We may collect information about your computer including where available your IP address, operating system and browser type for system administration and to analyse visitor trends and traffic on our website. This information is collected in aggregate form and does not identify individuals. It is not passed on to third parties.16. What rights do you have in relation to the data we hold on you?
By law, you have a number of rights when it comes to your personal data. Further information and advice about your rights can be obtained from us using the contact details at the end of this Policy or the data protection regulator in your country.